Allocation of public funds to nonpublic schools is called a violation of the state Constitution

The St. Charles Parish School Board will join other public school districts throughout the state in a lawsuit expected to be filed by the end of the month challenging the voucher plan adopted during the recent session of the Louisiana Legislature. At their meeting Wednesday, board members unanimously adopted a resolution authorizing litigation challenging the constitutionality of Act 2. Board member Clarence Savoie was absent.

"The Louisiana School Boards Association is coordinating legal action to determine the legality of Act 2 and the Minimum Foundation," said board member John Smith, who is president of the association. "On the advice of our attorney we believe that Act 2 and the Minimum Foundation are in violation of the Constitution and, accordingly, all of the member districts are being asked to participate in the lawsuits."

Act 2 authorized expansion of the state's Student Scholarships for Excellence Program, commonly known as the voucher program, statewide.

The resolution adopted by the board states that Act 2 is an apparent violation of a provision in the state Constitution that requires all bills in the Legislature to have a single purpose because the 47-page legislation addresses charter schools, scholarships and other items.

It also states that the legislation calls for public funds to be directly allocated to nonpublic schools in apparent violation of the state Constitution and that it violates the separation of church and state in apparent violation of the U.S. Constitution.

The resolution also directs Superintendent Rodney Lafon to retain Hammond and Sills as legal counsel to handle litigation on behalf of the board.

In the past, Smith said shared costs for participating in litigation have been assessed at 25 cents per student, meaning St. Charles' share would be about $2,500, depending on how many districts decide to participate.

Public school districts across the state have adopted the resolution in recent weeks, including the neighboring St. John the Baptist Parish School Board, which adopted it last week.

"Currently, 14 districts have already passed resolutions and St. Charles Parish would simply be joining the 14 that have already passed resolutions," Smith said.

Lafon said the lawsuit is expected to be filed by June 29.

"The Minimum Foundation as it exists at this time would seriously impact the financial structure of the St. Charles Parish public school system and other school districts throughout the state," Smith said. "Act 2 would have a similar effect on school districts throughout the state."

Last week, the Louisiana Federation of Teachers filed two lawsuits challenging both Act 2 and Act 1, which includes new guidelines for teacher tenure, pay-for-performance and evaluations, mainly on the grounds that they violate the one-object-per-bill provision of the state Constitution.

The St. Charles board Wednesday also adopted a revised redistricting plan. The board adopted a plan in January but had to revise it because two precincts were divided into three School Board districts. Laws allow precincts to be divided only into two districts. The revised plan made minor changes to districts to comply with the rule.